Oliver Markisic v Attorney General for New South Wales Dragan Markisic v Attorney General for New South Wales [2011] NSWSC 776

Supreme Court New South Wales

Medium Neutral Citation: Oliver Markisic v Attorney General for New South Wales Dragan Markisic v Attorney General for New South Wales [2011] NSWSC 776 Hearing dates: 15 July 2011 Decision date: 29 July 2011 Before: HOEBEN J Decision: In matter 2010/00309865 brought by Oliver Markisic I dismiss the Summons. I order Oliver Markisic to pay the costs of the Attorney-General of NSW. In matter 2010/00309918 brought by Dragan Markisic, I dismiss the Summons. I order Dragan Markisic to pay the costs of the Attorney-General of NSW. Catchwords: PRACTICE AND PROCEDURE - applications by Attorney-General for summary dismissal of summonses brought by litigants in person - refusal by Magistrate to sign Court Attendance Notices directed to Supreme Court Judges - nature of function performed by Magistrate - whether statutory right of appeal exists in relation to the exercise of that function by a Magistrate - summonses to be treated as applications for prerogative relief - no basis for exercise of prerogative relief disclosed - summonses dismissed on the basis that they have no prospects of success Legislation Cited: Crimes Act 1914 (C'th) Crimes (Appeal and Review) Act 2001 Criminal Procedure Act 1986 Defamation Act 1974 Local Court Act 2007 Service and Execution of Process Act 1992 Supreme Court Act 1970 Cases Cited: Batistatos v RTA of NSW [2006] HCA 27; (2006) 226 CLR 256 General Steel Industries v Commissioner for Railways (NSW) (1964) 112 CLR 125 at 129 Kak Loui Chan v Zacharia [1984] HCA 36; (1984) 154 CLR 178 Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 Maxwell v The Queen (1996) 184 CLR 501 Potier v Magistrate O'Shane and Anor [2008] NSWSC 141 The King v War Pensions Entitlement Appeal Tribunal; Ex parte: Bott (1933) 50 CLR 228 at 242 Category: Principal judgment Parties: Oliver Markisic - Plaintiff Attorney-General in and for the State of New South Wales - Defendant Dragan Markisic - Plaintiff Attorney-General in and for the State of New South Wales - Defendant Representation: Oliver Markisic - In Person Dragan Markisic - In Person Mr B Thomson - Defendant Oliver Markisic - In Person Dragan Markisic - In Person IV Knight, Crown Solicitor - Defendant File Number(s): 2010/00309865 2010/00309918